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Lamoine Planning Board

Minutes of October 6, 2009

Chairman G. Donaldson called the meeting to order at 7:00 pm.

Board Members Present: D. Bamman (welcomed as the new Alternate member), G. Donaldson, J. Gallagher, M. Garrett, J. Holt, M. Jordan, C. Tadema-Wielandt.

CEO: Absent

Members of the public in Attendance: K. DeFusco, S. Salsbury

Minutes: C. Tadema-Wielandt offered two technical amendments – substitute an ampersand for the dollar sign between Doug and Gott in Item 2 under New Business and add the number 3 to “Map” in item 2 c under New Business. The minutes were accepted as amended.

CEO Reports. The reports were accepted and placed on file.

Conservation Commission: The Board accepted a copy of the minutes of the Commission's September 9, 2009 meeting

OLD BUSINESS 

Gravel Pits – General. J. Holt raised a concern that contour lines on the maps accompanying gravel pit permit applications are outdated – some fifteen years old. How can these lines possibly be accurate when excavation regularly occurs? J. Holt moved and C. Tadema-Wielandt seconded a motion to refrain from considering agenda listed gravel pits until contour lines are redrawn. The motion failed by a vote of 1 in favor; 3 opposed; 1 abstention. Further discussion of this issue is found later under the heading: “ Other Business”.

Gravel pit permit renewal requests for existing pits, a discontinued pit and a new pit.

1.  Doug Gott & Sons, Map 3, Lot 2. A renewal. In a discussion of gravel permit “findings and facts” the Board attached a condition to item 3 – “Will not unreasonably result in water pollution, nor affect adversely existing ground water, springs or ponds” The condition is: “ Within 30 days, at least two new test holes will be located at the pit's lowest point and the findings reported to the Board.”

M. Garrett moved and C. Tadema-Wielandt seconded a motion to grant the permit renewal. The vote was unanimous.

2.  Doug Gott & Sons, Map3, Lot 2-1. A renewal. After a review of findings, M. Garrett moved and C. Tadema-Wielandt seconded a motion to grant the permit. The vote was 5 in favor; 0 opposed.

3. Doug Gott & Sons, Map 3, Lot 6. A renewal. After a review of findings, M. Garrett moved and C. Tadema-Wielandt seconded a unanimously passed motion to grant the permit.

4. Doug Gott & Sons, Map 3, Lot 8. A new pit. J. Holt noted potential excavation in this pit places it within the known recharge area of Cold Spring Water reserves. The quality and quantity of water available to the Cold Spring Water Company is of vital importance to both its customers and the Town of Lamoine should the operation fail. Section 7 C 12 of the Gravel Pit Ordinance states the Board may request: “ Any other information the Planning Board may deem necessary to indicate the hydrology, the physical characteristics of the site, the extent of proposed operation and compliance with the performance standards.”

The Board will seek information to determine what would be the impact on the quantity and quality of Cold Spring water in the recharge area if excavation occurs in the pit. The applicant is willing to pay the cost of a hydrological study conducted by hydrologists of its choice. The Board discussed the possibility of a hydrologist selected by the Board and wonders whether the applicant could/should be required to pay for the study. G. Donaldson will explore this question. M. Garrett will prevail upon Willem Brutsaert to suggest a professional hydrologist capable of making the study AND to advise the Board about what specifically such a study should address.

J. Holt moved, seconded by M. Garrett, to table this issue until the Board's November 10, 2009 meeting at which time the next step(s) will be determined. The vote was 5 – 0 in favor.

5.  Doug Gott & Sons, Map 9, Lot 7. Renewal for a Discontinued pit. S. Salsbury submitted some information in addition to that provided at a previous meeting. J. Gallagher moved and M. Garrett seconded a motion to accept the application as amended. A Public Hearing is scheduled at 6:45pm on November 10, 2009 prior to the Board's regular November meeting.

NEW BUSINESS 

Amend the Gravel Permit for Map 1, Lot 70 to reflect a common excavation line with Map 1, Lot 75 midway through the life of an existing permit. The Planning Board will consider the amendment upon submission by the applicant of a letter of consent from the owner of the adjoining pit (Map 1, Lot 75) and a new map.

OTHER

1.  The Board resumed discussion of contour line accuracy on gravel pit maps submitted for permit renewal. M. Garrett moved and C. Tadema-Wielandt second the following motion:

“Beginning January 1, 2010, gravel pit permit applications must reflect accurate contour lines in 2010 and every six years thereafter.” The motion failed 0 – 5.

The Board has the authority, in the existing Gravel Pit Ordinance, to require accurate, updated contour lines on application maps. Where we are nearly at the end of a permit renewal cycle for all gravel pits, the Board feels it neither wise nor fair to apply this standard to pits under consideration at this meeting.

The Board requests, however, that when letters are sent to gravel pit owners reminding them of pit permit expiration dates, the letter should note: “Updated contour lines will be required as stated in the Gravel Pit Ordinance”. (Section 7 C 4).

2.  The Board discussed the Administrative Assistant's summary of the Board's meeting with the Selectmen regarding performance of the Code Enforcement Officer. M. Garrett is instructed to attach the Board's suggestions to these minutes.

ORDINANCE DEVELOPMENT

The Board decided Draft #3 of proposed changes to the Building and Land Use Ordinance is ‘far enough' along to warrant the calling of an “informational” meeting prior to a public hearing. The meeting date will be scheduled soon after the start of the New Year and, if possible, linked to Conservation Commission efforts to call public attention to the aquifer.

The meeting adjourned at 9:25 pm.

Respectfully submitted,

Michael F. Garrett, Secretary

PENDING COMMITMENTS

Tuesday, November 10, 2009. Public Hearing. New Gravel Pit. 6:45 pm at the Town Hall.

Tuesday, November 10, 2009. Monthly meeting of the Board. 7:00 pm at the Town Hall.